Interpretation ID: 17332.nhf

Mr. Bud White
Honcho Products Company
3821 County Road 255-D
Henderson, TX 75652

Dear Mr. White:

This responds to your letter requesting information on regulations applicable to the sale and installation of a flatbed conversion package manufactured for small ton pick-up trucks. I apologize for the delay in my response.

You state that you plan to manufacture a 6'-6" wide, 8' long steel flatbed that is designed to replace the standard bed on a small pick-up such as the standard cab, long wheelbase models of the Chevy S-10, Ford Ranger, and Dodge Dakota pickups. According to your letter, the conversion is intended to increase the bulk level load carrying capability of the trucks without increasing the manufacturer's gross vehicle weight rating (GVWR) load capacity. You also state that you intend to offer additional accessories such as steel boxes, side rails, replacement dual steel rear wheels, overload springs/shock absorbers, and cab and bed clearance lights. You explain that you intend to import some of these components. I appreciate the opportunity to explain the National Highway Traffic Safety Administration's (NHTSA's) governing statutes and regulations to you.

We would like to begin by explaining that NHTSA is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not approve motor vehicles or motor vehicle equipment. Manufacturers are required to certify that their products conform to our safety standards before they can be offered for sale. NHTSA's certification requirements are set forth at 49 CFR Part 567.

You state that the truck bed will be offered as a replacement for existing truck beds. The statutes and regulations applicable to the installation of the conversion truck bed will differ depending on whether the truck bed is installed before or after the first retail sale of the vehicle. A business that replaced the original truck bed with the truck bed you manufacture prior to the first retail sale of the vehicle, would be considered an alterer and would be required to affix its own label identifying itself and certifying that the vehicle, as altered, continues to comply with all applicable Federal motor vehicle safety standards. See 49 CFR 567.7.

A business that replaced the original truck bed with the truck bed you manufacture after the first retail sale of the vehicle would not have not to certify that the vehicle, as converted, continues to comply with the standards. However, the business would have to comply with NHTSA's statutory make inoperative prohibition. Manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable standard. In general, the "make inoperative" prohibition (49 U.S.C. 30122) requires businesses which modify or convert motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment installed in compliance with an applicable standard. Violations of this prohibition are punishable by civil penalties of up to $1,100 per violation.

You should be aware that the conversion could affect the truck's compliance with several of NHTSA's safety standards. For example, replacing the original truck bed with the conversion truck bed could affect the vehicle's compliance with Standard No. 301, Fuel System Integrity. This standard sets performance requirements for fuel systems in crashes to preserve the integrity of the fuel system in a crash to prevent occupant exposure to fire. As another example, the vehicle's compliance with Standard No. 108, Lamps, Reflective Devices and Associated Equipment, would be compromised if the conversion bed somehow obscured the center highmounted lamp required by the standard. Any business that installs the conversion bed must ensure that the vehicle continues to comply with all applicable safety standards. The installation of dual wheels may widen the vehicle to greater than 80 inches. Should this occur, clearance and identification lamps must be installed.

In response to your question as to whether there are any regulations that apply to steel wheels and clearance lights, Standard No. 119, New pneumatic tires for vehicles other than passenger cars, and Standard No. 120, Tire selection and rims for motor vehicles other than passenger cars, apply to dual steel rear wheels, and Standard No. 108, Lamps, Reflective Devices and Associated Equipment applies to the clearance lights. The installation of dual wheels may widen the vehicle to greater than 80 inches. Should this occur, clearance and identification lamps must be installed.

You should also be aware that manufacturers of motor vehicles and items of motor vehicle equipment are responsible for any safety-related defects in their products. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of the product and remedy the problem free of charge. Thus, as a manufacturer, you are responsible for notification and remedy of safety related defects or noncompliances that are discovered in the kit either before or after its installation on motor vehicles. The defect requirement applies to all motor vehicle equipment, even in the absence of a safety standard. See 49 CFR Part 577, Defect and Noncompliance Notification, 49 CFR Part 573, Defect and Noncompliance Reports, and 49 CFR Part 579, Defect and Noncompliance Responsibility.

Finally, your letter indicates that you may import some of the motor vehicle equipment for the conversion package. As a general rule, all motor vehicles and items of motor vehicle equipment must conform (and be certified by their manufacturer to conform) to all applicable Federal motor vehicle safety standards issued by this agency in order to be imported into the United States and sold here.

I hope this information is helpful. I am also enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment." It outlines other laws and regulations that you should be aware of. If you have any further questions about NHTSA's safety standards, please feel free to contact Nicole Fradette of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:VSA
d.6/30/98